Immigration Reform

Immigration Reform

Disrupting the Traffic Stop-to-Deportation Pipeline: The New York State Greenlight Law’s Intent and Implementation

This article analyzes the traffic stop-to-deportation pipeline in New York State, how it harms children of immigrants, and how New York’s Greenlight Law seeks to disrupt it but has been hobbled by an implementation gap. It first establishes the phenomenon of the traffic stop–to-deportation pipeline by documenting how traffic stops are a key cause of deportations in New York State. Second, it analyzes how the pipeline harms (mostly US citizen) children of undocumented immigrants in New York State, who are more than 7 percent (more than 300,000) of New York State’s children. The pipeline makes these children fear and mistrust the police; harms their educational, social, and brain development; and consumes family income with the Mexican driver tax (costs incurred because parents could not get a driver’s license). Third, the article analyzes how the Greenlight Law should help remedy these harms, and how an implementation gap leaves many parents and children vulnerable to the pipeline. The implementation gap is partly due to the pandemic but also driven by political and other factors that could be addressed by policy. Finally, the article analyzes how variation in implementing the Greenlight Law could leave the pipeline undisrupted and lead to unequal protection of the law by place in New York State. The article makes policy recommendations for stronger enactment to reduce the pipeline’s harms.

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The Migration-Related Legacy of the 9/11 Attacks: Positive Security Reforms and Scapegoating Those in Need of Protection

The terrorist attacks on September 11, 2001 caused the deaths of 2,996 people, injured more than 6,000, and left countless others mourning the loss of loved ones. New security measures since the attacks have altered the US immigration and refugee systems. These changes include more intensive screening and vetting of those seeking admission, the creation of the Department of Homeland Security (DHS), heightened enforcement at the US-Mexico border, and expanded grounds of inadmissibility.

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Tax Equality for Immigrants: The Indispensable Ingredient for Remedying Child Poverty in the United States

Both at the federal and state levels, tax credits have proved effective policy instruments to combat poverty, and they are at the heart of President Biden’s massive initiative on childhood poverty. However, about one of every five children suffering poverty in the United States has an unauthorized immigrant parent and thus little or no access to tax credits. That is nearly two million children, and 85 percent of them are US citizens. Achieving historic reductions in childhood poverty thus will be impossible without remedying the eligibility exclusions and bureaucratic impediments that unauthorized immigrants face in the US tax system.

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Ethiopians That Might Qualify for Temporary Protected Status
Human rights agencies have documented what Amnesty International has characterized as the “ferocious tide of human rights and international humanitarian law violations in the armed conflict” in Ethiopia, including large-scale killings, displacement, and sexual violence. These conditions justify and (many...

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A Virus Without Papers: Understanding COVID-19 and the Impact on Immigrant Communities

The COVID-19 pandemic has exposed the inequalities facing vulnerable populations: those living in economically precarious situations and lacking adequate health care. In addition, frontline workers deemed essential to meet our basic needs have faced enormous personal risk to keep earning their paychecks and the economy running. Immigrant communities face an intersection of all three vulnerabilities (e.g., economic precarity, health care barriers, essential workforce), making them one of the most vulnerable populations in the United States. The authors conducted 26 interviews via Zoom with immigrant service providers in Pennsylvania and New York, including lawyers, case workers, religious leaders, advocates, doctors, and educators in order to gain a better understanding of the impact of COVID-19 on immigrant communities. These interviews affirmed that immigrants are concentrated in essential industries, which increases their exposure to the virus. In addition, they lack access to social safety nets when trying to access health care or facing job/income loss. Last, COVID-19 did not adequately slow the detention and deportation machine in the United States, which led to increased transmission of the virus among not only detainees but also others in the detention system, surrounding communities, and the countries to which people were deported, countries that often lacked an adequate infrastructure for dealing with the pandemic.

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Making Citizenship an Organizing Principle of the US Immigration System

This paper proposes that the United States treat naturalization not as the culmination of a long and uncertain individual process, but as an organizing principle of the US immigration system and its expectation for new Americans. It comes at a historic inflection point, following the chaotic departure of one of the most nativist administrations in US history and in the early months of a new administration whose executive orders, administrative actions, and legislative proposals augur an entirely different view of immigrants and immigration.

The paper examines two main ways that the Biden-Harris administration’s immigration agenda can be realized – by expanding access to permanent residence and by increasing naturalization numbers and rates. First, it proposes administrative and, to a lesser degree, legislative measures that would expand the pool of eligible-to-naturalize immigrants. Second, it identifies three underlying factors – financial resources, English language proficiency, and education – that strongly influence naturalization rates. It argues that these factors must be addressed, in large part, outside of and prior to the naturalization process. In addition, it provides detailed estimates of populations with large eligible-to-naturalize numbers, populations that naturalize at low rates, and populations with increasing naturalization rates. It argues that the administration’s immigration strategy should prioritize all three groups for naturalization.

The paper endorses the provisions of the US Citizenship Act that would place undocumented and temporary residents on a path to permanent residence and citizenship, would reduce
family- and employment-based visa backlogs, and would eliminate disincentives and barriers to permanent residence. It supports the Biden-Harris administration’s early executive actions and proposes additional measures to increase access to permanent residence and naturalization. It also endorses and seeks to inform the administration’s plan to improve and expedite the naturalization process and to promote naturalization.

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Innovating Inclusion: A New Wave of State Activism to Include Immigrants in Social Safety Nets

States across the country are tackling an equity issue in the tax code by breaking from federal eligibility standards for their state Earned Income Tax Credits (EITCs). Specifically, states are taking it upon themselves to end the exclusion of taxpayers who file their taxes with an Individual Taxpayer Identification Number (ITIN). ITINs are personal tax processing numbers issued by the Internal Revenue Service (IRS) to individuals who are not eligible for a Social Security number. They are primarily issued to undocumented immigrants, although they are also issued to certain lawfully present immigrants. Millions of people pay taxes with ITINs every year. Together ITIN-filers paid $23.6 billion in taxes in 2015. In less than a year, five states have successfully passed legislation to end the exclusion of these tax filers from their EITCs.

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Charting a Course to Rebuild and Strengthen the US Refugee Admissions Program

This report analyzes the US Refugee Admissions Program (USRAP), leveraging data from a national survey of resettlement stakeholders conducted in 2020. The survey examined USRAP from the time that refugees arrive in the United States. Its design and questionnaire were informed by three community gatherings organized by Refugee Council USA in the fall and winter of 2019, extensive input from an expert advisory group, and a literature review.

This study finds that USRAP serves important purposes, enjoys extensive community support, and offers a variety of effective services. Overall, the survey finds a high degree of consensus on the US resettlement program’s strengths and objectives, and close alignment between its services and the needs of refugees at different stages of their settlement and integration. Because its infrastructure and community-based resettlement networks have been decimated in recent years, the main challenges of subsequent administrations, Congresses, and USRAP stakeholders will be to rebuild, revitalize, and regain broad and bipartisan support for the program. This article also recommends specific ways that USRAP’s programs and services can be strengthened.

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Migrant Detention and COVID-19: Pandemic Responses in Four New Jersey Detention Centers

On March 24, 2020, a 31-year-old Mexican national in Bergen County Jail, New Jersey, became the first federal immigration detainee to test positive for the novel coronavirus (COVID-19). By April 10, 2020, New Jersey had more confirmed COVID-19 cases among immigration detainees than any other state in the nation. This article examines the relationship between COVID-19 and processes of migrant detention and deportation through a case study of New Jersey — an early epicenter of the pandemic and part of the broader New York City metro area. Drawing on publicly available reports and in-depth interviews with wardens, immigration lawyers, advocates, and former detainees, we describe the initial COVID-19 response in four detention facilities in New Jersey. Our findings suggest that migrant detention and deportation present distinct challenges that undermine attempts to contain the spread of COVID-19. We provide testimonies from migrant detainees who speak to these challenges in unsettling personal terms. Our interviews highlight the insufficient actions by Immigration and Customs Enforcement (ICE) to contain the spread of the pandemic and a troubling lack of due process in immigration court proceedings. Based on these findings, we argue that reducing the number of migrants detained in the United States is needed not only in the context of the COVID-19 pandemic but also as a preventative measure for future health crises. Reductions can be achieved, in part, by reforming federal immigration laws on “mandatory detention.”

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